SF5271

Purpose

This bill would create a new criminal offense to address non-consensual, highly realistic alterations or generations of images or videos that show intimate parts of a person. It aims to deter and punish the creation or modification of so-called nudified content when the subject did not consent and the result is realistic enough to be mistaken for belonging to the identifiable individual.

Main Provisions

• New statute added to Minnesota law: creates a crime called Nudification.
• Definition of Nudify (Subd. 1): Nudify means the process by which an image or video is altered or generated to depict an intimate part not depicted in the original unaltered image or video of an identifiable individual, and the altered or generated image or video is so realistic that a reasonable person would believe that the intimate part belongs to the identifiable individual.
• Criminal penalty (Subd. 2): A person who intentionally nudifies an image or video of another person while knowing or having reason to know that the subject did not consent to the nudification is guilty of a felony.
• Penalties (Subd. 2): If convicted, the offender may be sentenced to imprisonment for up to 2 years or fined up to $4,000, or both.

Significant Changes to Existing Law

• Adds a new offense to Minnesota Statutes (chapter 617) by creating section 617.265 known as Nudification.
• Establishes specific elements for guilt: intentional nudification, lack of consent, and a realistic portrayal that could be mistaken for belonging to the identifiable individual.
• Introduces felony-level penalties for non-consensual, realistic nudification of images or videos.

Summary of Key Elements (in plain terms)

• Action punished: Nudifying an image or video of someone without their consent.
• What counts as nudification: Altering or generating content to show an intimate part not in the original image/video, and making it look like it belongs to the person shown.
• Who is protected: An identifiable individual depicted in the image or video.
• Needed proof: The nudification was intentional and the person knew or had reason to know there was no consent.
• Consequences: Felony offense with up to 2 years in prison or a fine up to $4,000 (or both).

Relevant Terms - Nudify, Nudification, nudification - Image, video - Intimate part - Identifiable individual - Consent, non-consent - Intentional nudification - Realistic / so realistic that a reasonable person would believe it belongs to the identifiable individual - Felony - Imprisonment up to 2 years - Fine up to $4,000 - Minnesota Statutes Chapter 617 - Deepfake (implied concept)